24 Introduction to the concept of possession Property Law

Importance of De Facto Control for Possession

• To possess something, you must have factual or physical control over it.

• Key distinction between tangible and intangible property:

  • Tangible Property: Physical items capable of being possessed and controlled.

  • Intangible Property: Such as intellectual property rights, cannot be physically possessed.

Nature of Control

• The nature of control depends on the type of goods or resources:

  • Examples include land, personal property, or chattels.

• Control methods vary based on:

  • Size of the property.

  • Its location.

  • Whether it is movable or stationary.

  • The specific circumstances of the property.

Challenges in Control

• Certain items (e.g., animals, fluids) pose additional challenges in controlling them to prevent escape.

Control Over Land

• Controlling land is typically easier:

  • Methods: locking doors, windows, installing gates, using fences.

• However, factual possession can occur without physical barriers:

  • Activities like maintaining a lawn or garden can demonstrate possession.

  • These actions make it clear to others that permission is needed to enter the property.

Examples of Possession

• Vacation Homes: Can still show control despite being empty for periods.

• Farmland: Often controlled with fences or signs such as "Private Property" or "Keep Out".

Control Over Goods or Chattels

• Chattels are generally easier to physically possess:

  • Smaller and movable, providing options for safe storage.

• Determining possession relies on whether someone has taken steps to:

  • Use or limit access to the goods or land in question.

Degree of Control in Possession

• Larger properties (e.g., cars, boats, planes) typically require more effort to control.

  • Key methods: using locks or controlling surrounding space.

• Control of the surrounding space allows for possession of smaller items within it.

Case Law Examples

Young and Hitchens Case

• Involves two fishing vessels competing for the same catch.

• The plaintiff attempted to claim possession by enclosing fish with a net.

• Ruling: Enclosing fish was insufficient for establishing factual possession.

  • Lord Denham noted: The plaintiff had not yet acquired possessory rights due to lack of de facto control.

Tubanshka Case

• A salvage company laid buoys and increased access to a shipwreck.

• Dispute arose over rights to extract materials from the wreck.

• Ruling: The salvage company had possession due to their proactive measures:

  • Removed obstructions and increased accessibility.

  • Their actions demonstrated de facto control and expressed intention to possess (animus possidendi).

Conclusion

• The next video will discuss requirements for control and possession regarding goods found in public places.